Constitution of the People's Republic of China

We have wondered, from time to time, whether this or that feature of American constitutional law also appears in the constitutions of countries with radically different political systems.What, precisely, does the Soviet Constitution say about freedom of speech?Do the Chinese have affirmative action?The answers to such questions tell us something about a larger question that we should discuss more often in class.• How much difference does constitutional law make?That question, surely, should be raised in Constitutional Law rather than being relegated to a small, optional course in Comporative Law.For the convenience of teachers who agree with this sentiment, we have reproduced below those provisions of the Chinese Constitution that are most interesting to American constitutional scholars.We would like to express our gratitude to Professor Li Chang-Dao, a Chinese legal scholar visiting at the University of Minnesota, who was kind enough to provide an official copy of the Chinese Constitution, complete with a foreword.China is one of the countries with the longest histories in the world.The people of all nationalities in China have jointly created a splendid culture and have a glorious revolutionary tradition.Feudal China was gradually reduced after 1840 to a semicolonial and semifeudal country.The Chinese people waged wave upon wave of heroic struggles for national independence and liberation and for democracy and freedom.Great and earthshaking historical changes have taken place in China in the twentieth century.The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China.But the Chinese people had yet to fulfil their historical task of overthrowing imperialism and feudalism.After waging hard, protracted and tortuous struggles, armed and otherwise, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism, and bureaucrat-capitalism, won the great victory of the new democratic revolution and founded the People's Republic of China.Thereupon the Chinese people took state power into their own hands and became masters of the country.After the founding of the People's Republic, the transition of Chinese society was effected step by step.The socialist transforma-5 ARTICLE 34All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence, except persons deprived of political rights according to Jaw. ARTICLE 35Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration. ARTICLE 36Citizens of the People's Republic of China enjoy freedom of religious belief.No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.The state protects normal religious activities.No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state.Religious bodies and religious affairs are not subject to any foreign domination. ARTICLE 37The freedom of person of citizens of the People's Republic of China is inviolable.No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ.Unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.